Annual Report 2010-2011
Sharma in connection with a theft case. Twelve year old Durgesh alias Santosh who was present
there was apprehended and mercilessly beaten to death. In order to mislead, the dead body of
Durgesh was hanged with a rope by the police so as to show it was a case of suicide. It was
further alleged that the police personnel ransacked his house.
4.93 Responding to the directions of the Commission, the Additional Superintendent of
Police, Badaun Rural, submitted a report stating that FIR Crime No. 32/08 u/s 302 IPC had been
registered against Sub-Inspector Sachchidanand Rai and other police personnel in connection
with the said incident which was pending investigation.
4.94 Upon consideration of the report, the Commission in its proceedings dated 28 January
2009 observed that the report submitted by the Additional Superintendent of Police clearly
established that the errant police officials were found guilty for the death of 12 year old boy
during the investigation of crime. The errant police officials should hence be charge-sheeted
once the prosecution orders were obtained. The Commission simultaneously also directed
to issue a show-cause notice u/s 18 (a) (i) of PHRA to the Chief Secretary, Government of
Uttar Pradesh as to why compensation should not be recommended to the next of kin of the
deceased.
4.95 Subsequently, the Director General of Police, Government of Uttar Pradesh informed
the Commission vide his letter dated 11 August 2009 that Sub-Inspector, Sachchidanand Rai,
Constable Ram Nath Singh and Constable Ajay Rana had already been awarded penalty
whereby their increment for a period of one year has been withheld. Further, disciplinary
proceedings had been initiated against Sub-Inspector Jagdev Singh Malik, the fourth accused
in the case.
4.96 Thereafter, the Secretary, Government of Uttar Pradesh vide his letter dated 8 October
2009 informed that in the given case all the four police officials have been found guilty for the
death of Durgesh, therefore, it is justified to pay monetary relief to the kin of the victim. Taking
into consideration all the facts of the case, the Commission vide its proceedings dated 19 June
2010 recommended to the Government of Uttar Pradesh to pay an amount of 5,00,000 to the
next of kin of the deceased. The State Government was also directed to submit the compliance
report along with proof of payment to the Commission.
4.97 The Commission also directed the Director General of Police, Government of Uttar
Pradesh to submit the status of criminal case No. 32/08 u/s 306 IPC registered in Dataganj
Police Station of Badaun District along with the outcome of the disciplinary action initiated
against Sub-Inspector Jagdev Singh Malik.
4.98 The compliance report along with proof payment is awaited. The report from the
Director General of Police, Uttar Pradesh is also awaited.
NHRC
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